Members' withdrawal - No impact on PSC

Government parliamentarians who were critical of the stance taken by the Chief Justice Shirani Bandaranayake and her lawyers to quit the ongoing Parliamentary Select Committee (PSC) proceedings to probe the charges levelled against her in the impeachment motion described it as a well-planned act by a group of senior people representing the country's judiciary to violate the Constitution which has vested powers on the PSC. A section of Government Ministers, the signatories to the impeachment motion against the Chief Justice said that they expect justice to prevail despite attempts by the Opposition and anti-Government forces to sabotage the PSC.

Four Opposition MPs John Amaratunga and Lakshman Kiriella of the UNP, TNA MP R. Sampanthan and DNA MP Vijitha Herath, the members of the PSC also withdrew from the committee on Friday. Addressing a media briefing at the Parliamentary complex , they said that they withdrew from the committee as it has failed to maintain the highest standards of fairness in conducting the inquiry. Chief Opposition Whip John Amaratunga who read out the document they handed over to the Chairman of the PSC, said they were of the view that before proceeding any further, the Committee should lay down the procedure to be followed at the inquiry. They said the Committee is groping in the dark and acting in an ad hoc manner. Despite the decision by four Opposition members to quit the PSC, its proceedings continued on Friday as scheduled with the participation of its seven Government members.

Subsequently around 31 Government Ministers and MPs, the signatories to the impeachment motion against the Chief Justice also held a press briefing to explain their position. They adopted the stand that the PSC process should be expedited.

One of the key points highlighted by the four Opposition members of the committee was that over 300 documents received by the committee were handed over to the members on December 5 and to the Chief Justice on December 6 at 4.30 pm. They also said the Chief Justice had not been provided with either a list of documents or list of witnesses. They told the media that the request by the lawyers appearing for the Chief Justice who asked for time to study these documents was turned down. The Opposition members of the PSC said what is obvious is that when the impeachment motion was filed none of the signatories could have seen any of the documents.

During their press briefing the Government Ministers who refuted the allegations levelled by the four Opposition members said that there is a standard procedure to be followed in the Select Committee proceeding in keeping with the Constitution and Standing Orders of Parliament.

Public Administration and Home Affairs Minister W.D.J. Seneviratne said that the investigations of the committee should be completed within one month. In the event it cannot be completed within the specified period, its time frame could be extended with the approval of Parliament. The Minister accused the four Opposition members of deliberately ignoring the committee proceedings which he described as a well-planned plot.

He said the prime responsibility of the PSC is to investigate the allegations levelled against the Chief Justice and hand over the report to the Speaker. The Minister also said that a doubt has been created whether the Chief Justice has become a pawn at the hands of unscrupulous elements attempting to gain undue political advantage from the issue.

Higher Education Minister S.B. Dissanayake told journalists that the so-called supporters of the Chief Justice had organised demonstrations and protests dashing coconuts and used her as a means to gain political mileage. The Minister also said that right from the beginning there was an understanding and agreement that none of them would talk about the impeachment issue on the floor of the House or outside. But anti-Government forces who call themselves the supporters of Chief Justice went out to the streets criticising the Government making wild allegations. There seemed to be attempts at sabotaging the process.

Minister Dissanayake said that they placed their signatures on the motion and handed it over to the Speaker in the hope that justice would prevail. He also said that they demand the PSC process should not be stopped but expedited and justice dispensed with as early as possible. It was a deliberate attempt made by the lawyers appearing for the Chief Justice to avoid the investigation, he said. Since 14 charges have been framed against the Chief justice, the lawyers didn't have any other option, but walk out from the PSC proceedings.

The Chief Justice should have faced the investigation and proved her innocence to the country, he said.

Labour Minister Gamini Lokuge told the press briefing that he was very critical of the manner adapted by the Chief Justice in not participating in the PSC proceedings. He said an accuse never came to appear before a Select Committee or courts amidst the cheering and applause of the people. Because the dignity and independence of judiciary should be preserved. Minister Lokuge said during nearly three decades of his Parliamentary career, he had never witnessed any attempts by the Parliament to undermine the dignity of the judiciary. Citing an example, he said when a ruling was given against Minister Dissanayake, they didn't protest in front of the courts by carrying placards or uttering slogans. He recalled that they only requested the then Government to meet out justice to Dissanayake.

He accused some Opposition political parties of attempting to politicise his issue. However, the Minister thanked the Opposition Leader Ranil Wickremesinghe who outlined the UNP's stance on this issue and also his attempts to uphold the supremacy of the legislature.

After the press briefing, DNA MP Vijitha Herath who joined the third reading stage debate on the Defence and Urban Development Ministry votes in Parliament referred to certain remarks made on the judiciary and the impeachment motion against the Chief Justice. He said all democrats should condemn the PSC's ex-parte process. The national security was at stake when there was no independence of judiciary. The Parliamentary Select Committee had treated shabbily the highest person in the judiciary. The MP told the House that the Government issuing a two-third majority it had secured through political manoeuvres but not through people's mandate now exerts its influence on the judiciary and this must be condemned.

His remarks led to an uproar in the Chamber and Government members were seen continuously interrupting his speech. UPFA MP Arundika Fernando raised a point of order that though it was the Defence Ministry Head MP Herath was referring to some other issues. There is a plot hatched outside this Chamber to stage a demonstration. This speech is a part of that. MP Fernando requested the Chair not to allow the DNA MP to take up issues outside the subject as it is against Standing Orders. MP Herath shot back that an MP with a small brain and a large body could not understand what others say and added that he was talking about security issues. When MP Hearth was on his feet the MPs on both sides of the House were hurling verbal abuse at each other.

The Government MPs, especially the back benchers got up from their seats and began shouting at this stage, while the presiding member, Deputy Speaker Chandima Weerakkody tried to bring the situation under control. Coconut Development Minister Jagath Pushpakumara was seen thumping his hand and shouting while his junior colleagues were accusing that the JVPers were killers. UNP MP Sujeewa Senasinghe raising a point of order referred to Standing Order Clause 85 said that the House must remain silent when a member is on his feet. Prisons and Prisons Reforms Minister Chandrasiri Gajadeera who raised a point of order said that to MP Herath was also talking out of the topic and that too was in violation of the Standing Orders.